Interviews by Office Holders
If a company goes into liquidation or administration, as the first part of the process, the directors will receive a letter from the insolvency service, requesting that they (1) complete a questionnaire; and (2) attend an interview conducted by an insolvency investigator.
Many directors prepare the questionnaire and attend the interview alone and without due preparation. However, it is important that during this interview process, you have the support of an experienced solicitor to guide you through the process and address any concerns you may have.
At Isadore Goldman, our team of experienced solicitors has specialised expertise providing comprehensive support and representation for directors who are required to attend interviews during an insolvency investigation.
Our insolvency solicitors are committed to providing legal advice that is tailored to your specific circumstances and ensuring that you are fully prepared for the interview. We understand the importance of these interviews and the potential consequences they may have on your financial position, professional reputation and future. This is why we take meticulous steps to protect your best interests.
Why choose Isadore Goldman?
At Isadore Goldman, our solicitors are insolvency specialists, having years of experience guiding clients through the interview process and ensuring that they are adequately prepared. We understand that these matters can feel daunting; however, we believe that we can support our clients during a company investigation.
We provide a service that is tailored to your specific circumstances, providing practical and clear advice that is easy to understand.
Speak to our insolvency solicitors
Should you be asked to attend an interview with the Insolvency Service, please don’t hesitate to get in touch with one of our expert solicitors by contacting one of our offices in London or Portsmouth.
Alternatively, you can use our contact form to send an enquiry and someone will be in contact shortly.
Our services
Interview preparation
Before your interview, our experienced solicitors will help you prepare, whilst becoming familiar with your specific situation so we can advocate for you effectively and efficiently. Our solicitors are available to provide you with tailored legal advice to aid you in being fully prepared beforehand, so you can feel confident and reassured whilst attending the interview.
Legal guidance
Our solicitors will provide you with effective and practical guidance throughout the interview process, from the initial notice of the interview through to its conclusion. Our team will also ensure that you are fully aware of your rights throughout this process and that they are respected.
Representation
We have extensive experience representing clients in interviews with liquidators, administrators, and the Insolvency Service, advocating for their rights and ensuring they receive fair treatment. We will also provide you with clear and legally sound responses to any inquiries that are raised. Our solicitors will also review and help draft any required documents on your behalf, making sure everything is in order to prevent any delays or difficulties.
Effective communication
Throughout the interview process, our team of solicitors will maintain transparency and effective communication with you, ensuring you are well-informed every step of the way and making sure you have a comprehensive understanding of how the proceedings will work.
Frequently asked questions
What does the interview consist of?
The interview process starts with the director being asked to fill out a preliminary information questionnaire, which provides the insolvency practitioner with initial information about the assets and liabilities of the company.
The interviewer should begin the interview by explaining how long the interview will be and what form it will take. Throughout the interview, the interviewer will ask the director a series of questions related to the company and its formation, business dealings, affairs and assets.
It is required that the interviewer always treat the interviewee with courtesy. The interview will typically be recorded so that a transcript is available.
There is potential for the interview to be conducted by the interviewer’s legal team, and the interviewee must be provided with the option to bring legal assistance or support to the interview. It is also important to note that, as an interviewee, you should never feel coerced into signing anything, and that you should be regularly offered breaks and refreshments.
What if I fail to attend the interview?
Certain individuals have a duty that requires them to co-operate with the office holder (liquidator or administrator) pursuant to section 235 of the Insolvency Act 1986 and are required to attend an interview.
Should you fail to attend the interview, the office holder will typically request a second appointment whilst outlining the ramifications of continued non-co-operation. Should you continue to be non-co-operative, the office holder may apply to the court for an order summoning you to appear to answer questions under oath.
Failing to co-operate can have serious consequences, such as being arrested, so it is in your best interest to co-operate with the support of an experienced solicitor.
Can I bring someone with me?
An interviewee has the right to bring a solicitor to an interview. Whilst the office holder should typically be accepting of this, it is important to check this beforehand, so everyone is on the same page.
What might I be required to do at the interview?
At the interview, you will be required to provide the officer holder with a completed preliminary information questionnaire. If requested to do so, you will also need to:
- Hand over all company records, books and paperwork in your possession
- Provide full details of all company assets and liabilities
- Inform the office holder if somebody else is holding assets or trading records
Can I rearrange the interview date?
If you can provide a good reason, the office holder may agree to rearrange the interview date. However, the delay must be for a good reason due to the time-sensitive nature of these matters.
Until recently, these appointments were always in person; however, due to the shift caused by the Covid-19 epidemic, there is a possibility that a video or telephone appointment could be agreed. This makes it more difficult to provide a valid reason for why you cannot reasonably attend the video appointment.
It should also be noted that if you do have a video appointment, it will likely be recorded.
What is a Section 236 examination?
A Section 236 examination is a court-ordered interview that compels you to answer questions about your company’s affairs under oath. It is used by an office holder when they believe further investigation is required.
You can be required to:
- Attend court for questioning
- Provide documents
- Submit a sworn witness statement
Because your answers are given under oath, they can be used in later proceedings, including misfeasance (misuse of company funds) or wrongful trading claims. If you are threatened with a Section 236 application, you should take legal advice immediately before responding.
Can I refuse to answer questions in an insolvency interview?
No, generally you cannot. You have a legal duty to cooperate with an office holder.
Refusing to answer reasonable questions could result in a court order and potential costs against you personally.
Can the Insolvency Service interview me over the phone or via video call?
Yes. Many interviews are conducted remotely by telephone or video call.
Although it may feel informal, the interview forms part of a formal investigation into the company’s dealings and affairs. If you are a director of the insolvent company, the Insolvency Service may rely on what you say when deciding whether to pursue director disqualification proceedings (a ban of up to 15 years).
What is a Preliminary Information Questionnaire (PIQ)?
A Preliminary Information Questionnaire (PIQ) is a detailed written questionnaire sent at the start of a director conduct investigation.
It usually asks about:
- Why the company failed
- Payments made before insolvency
- Company records
- Tax arrears
- Asset disposals
Who is allowed to attend my insolvency interview with me?
You are entitled to bring a solicitor for legal representation.
Office holders and/or the Insolvency Service may restrict others, such as family members, from attending. Having a solicitor present ensures questions are fair and properly understood, and that your answers are accurately recorded.
What happens if I lose the company’s books and records?
Losing company records is serious. Directors have a legal duty to maintain proper accounting records.
Failure to keep records can itself form the basis of disqualification proceedings. If records are incomplete, you should take advice on how best to explain the position.
Can I be prosecuted based on what I say in an insolvency interview?
Yes, potentially. Your answers can be used as evidence in civil or criminal proceedings.
If the investigation uncovers fraud (dishonesty for financial gain) or false accounting (falsifying company records), your statements may be relied upon.
How long does an insolvency investigation interview last?
Most interviews last between one and three hours, depending on the complexity of the company’s affairs.
You may also be asked follow-up questions or to provide additional documents later. Proper preparation can make the process more efficient and reduce misunderstandings.
Do I need a solicitor for an interview with the Insolvency Service?
You are not legally required to have one, but it is strongly advisable.
An experienced solicitor can:
- Prepare you for likely questions
- Clarify technical issues
- Protect you from unnecessary admissions
Because the outcome may affect your ability to act as a director in future, legal representation is often a sensible safeguard.
What is the difference between an interview with an office holder and the Insolvency Service?
An office holder investigates the company’s dealings and affairs, while the Insolvency Service investigates a director’s conduct.
The office holder may pursue recovery claims on behalf of creditors. The Insolvency Service may seek director disqualification.
Speak to our insolvency solicitors
Should you be asked to attend an interview with the Insolvency Service, please don’t hesitate to get in touch with one of our expert solicitors by contacting one of our offices in London or Portsmouth.
Alternatively, you can use our contact form to send an enquiry, and someone will be in contact shortly.